Private Secretary
HONG KONG :
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Milligr. Mo
026/13
CONFIDENTIAL
Juvilnia
Mr Williy macili
46.82.
MEGD.
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Secretary of Bak
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Was it discussed at Bledlow ?
SECRETARY OF STATE'S LUNCH AT BLEDLOW ON 26 AUGUST 1981
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1. Sir Murray MacLehose will be lunching with the Secretary
of State at Bledlow on 26 August. The PUS will be at the lunch.
2. Sir Murray will be seeing Mr Ridley on 25 August to discuss
various matters before his return to Hong Kong on 27 August.
I attach a copy of the department's brief for Mr Ridley. A main
issue the Governor might raise with the Secretary of State is
capital punishment in the Territory.
3. Very briefly, the problem is as follows. There are eight
Dependent Territories, including Hong Kong, where the death
sentence is still applicable. In seven of them the Creech Jones
doctrine has been followed, ie the Governor decides whether or
not to exercise the prerogative of mercy and HMG do not intervene;
some executions have been carried out. The position in Hong Kong
has differed since 1973 when Sir Alec Douglas-Home felt obliged
to prevent an execution there, ostensibly on the grounds that
parliamentary opinion in the House was against capital punishment.
Since then the Governor, in Council, has commuted each death
sentence.
4. This difference in practice between the Territories has
recently been publicised in the 'South China Morning Post'. It
needs to be considered therefore whether:
i) to leave matters as they are; or
ii) to revert to the implementation of Creech Jones in
Hong Kong.
CONFIDENTIAL
/5.